Resolution No. GPFFA 2023-02 | Designating Officers and Employees as Ex Officio Positions | Adopted 02/27/2023RESOLUTION NO. GPFFA 2023-02
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
GILROY PUBLIC FACILITIES FINANCING AUTHORITY
DESIGNATING CERTAIN OFFICERS AND EMPLOYEES
AS EX OFFICIO POSITIONS
WHEREAS, the Gilroy Public Facilities Financing Authority (“Authority”) was
established by the City of Gilroy (“City”) and the Community Development Agency of the
City of Gilroy on March 21, 1994 pursuant to a joint powers agreement entitled “Joint
Exercise of Powers Agreement Gilroy Public Facilities Financing Authority” (as amended,
the “Agreement”) for the purpose, among others, of providing for the financing and
refinancing of public capital improvements for the City; and
WHEREAS, the Agreement was amended by the “First Amendment to Joint
Powers Agreement” on July 1, 2013 to replace the Community Development Agency of
the City of Gilroy with the Industrial Development Authority of the City of Gilroy as a party
to the Agreement; and
WHEREAS, Section 2.03 of the Agreement specifies that the members of the City
Council of the City ex officio shall constitute the Members of the Board of Directors
(“Board”) of the Authority.
WHEREAS, Article III of the Agreement specifies that the officers of the Authority
shall be the Chairman, Vice-Chairman, Secretary and Treasurer; and
WHEREAS, Section 3.01 of the Agreement specifies that the Board of the
Authority shall elect a Chair and Vice-Chair (as used herein and in any other Resolutions
or official documents of the Authority, the terms Chair and Vice-Chair are equivalent to
the terms Chairman and Vice-Chairman as used in the Agreement) from among the Board
Members and shall appoint a Secretary who may, but need not, be a member of the
Board; and
WHEREAS, Section 3.02 of the Agreement specifies that the Director of Finance
of the City is designated as the Treasurer of the Authority; and
WHEREAS, Section 3.05 of the Agreement specifies that the Board shall have the
power to appoint the Legal Advisor of the Authority, who may be the City Attorney of the
City; and
WHEREAS, the Board desires to designate the Chair, the Vice -Chair, the
Secretary, and the Legal Advisor as ex officio positions; and
WHEREAS, the Board interprets this designation of the Chair, the Vice-Chair, the
Secretary, and the Legal Advisor as ex officio positions as satisfying the Board’s duty to
elect a Chair and Vice-Chair from among the Board and to appoint a Secretary and Legal
Advisor.
Resolution No. GPFFA 2023-02
Designating Officers and Employees as Ex Officio Positions
Gilroy Public Facilities Financing Authority Regular Meeting | February 27, 2023
Page 1 of 1
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE GILROY PUBLIC FACILITIES FINANCING AUTHORITY AS FOLLOWS:
SECTION 1. Recitals. Each of the foregoing recitals is true and correct.
SECTION 2. Designation of Certain Officers and Employees as Ex Officio
Positions.
A. The Mayor of the City shall be ex officio the Chair of the Authority.
B. The Vice-Mayor of the City shall be ex officio the Vice-Chair of the Authority.
C. The City Clerk shall be ex officio the Secretary of the Authority.
D. The City Attorney shall be ex officio the Legal Advisor of the Authority.
SECTION 3. Effective Date. This Resolution shall take effect immediately upon
adoption.
PASSED and ADOPTED this 27th day of February 2023 by the following roll call
vote:
AYES: BOARD MEMBERS: ARMENDARIZ, BRACCO, CLINE, HILTON,
MARQUES, TOVAR, BLANKLEY
NOES: BOARD MEMBERS: NONE
ABSTAIN: BOARD MEMBERS: NONE
ABSENT: BOARD MEMBERS: NONE
APPROVED:
Marie Blankley, Chair
ATTEST:
_______________________
Thai Nam Pham, Secretary
Marie Blankley (Mar 1, 2023 10:17 PST)
Marie Blankley
CERTIFICATE OF THE SECRETARY
I, THAI NAM PHAM, Secretary of Gilroy Public Finance Facilities Authority,
do hereby certify that the attached Resolution No. GPFFA 2023-02 is an
original resolution, or true and correct copy of a authority Resolution, duly
adopted by the Gilroy Public Facilities Financing Authority at a Regular Meeting
of said held on Monday, February 27, 2023, at which meeting a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this Monday, February 27, 2023.
____________________________________
Thai Nam Pham, Secretary